The Gazette 1994

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GAZETTE JANUARY/FEBRUARY 1994
or his or her decision within 28 days
of receiving the appeal. Decisions of
the appeal officer are subject to
review by the Ombudsman. There is
no appeal in relation to the medical
aspects, i.e. as to the existence of or
level of dependency. A person can
only look for a review of the decision
or ask the Ombudsman to investigate
the case.
Conclusion
Several aspects of the new legislation
are to be welcomed, particularly the
improved control of nursing home
registration and standards. From a
practical point of view the rules
concerning subventions at least clarify
what has been an extremely vague
area. However, it appears that persons
who require nursing home care are
legally entitled to it under the Health
Act, 1970 without having to go
through the system of means testing
laid out in the more recent legislation.
Thus the attempt to regulate access to
nursing home care as a separate form
of health services is arguably
unlawful. In addition there are several
points of the Nursing Home
(Subvention) Regulations, 1993 which
appear to be beyond the scope of the
1990 Act. The recent changes appear
to have raised as many questions as
they have answered.
Notes
1. Health (Nursing Homes) Act, 1990
(Commencement) Order, 1993 (S. 1 No.
222 of 1993).
2. Including Nursing Homes (Care and
Welfare) Regulations, 1993 (S.I. No. 226
of 1993) and the Nursing Homes
(Subvention) Regulations 1993 (S.I. No.
227 of 1993).
3. See M. Cousins 'Nursing Home Care and
Grants' (1992) 1 1 Irish Social WorkerNo.
I p. 21; Ombudsman, Annual Report for
1992 (Stationery Office, 1993).
4. Sections 1 and 2.
5. Although nursing home subventions may
be paid in respect of persons in the latter
institutions. Section 7( 1 )(b).
6. Sections 3 and 4. Section 3(3) allows one
year's grace to nursing homes already in
operation on 1 September 1993.
7. Section 4(12).
8. Section 4(3). Application and registration
fees arc set out in the Nursing Homes
(Fees) Regulations 1993 (S.I. No. 223 of
1993).
9. Section 4(4).
10. Section 4(4)(b) and (c).
11. Section 4(6).
12. Section 4(13).
13. Section 4(1 I).
14. Section 5.
15. S.I. No. 226 of 1993. See section 6 of the
Act. See also the Homes for Incapacitated
Persons Regulations 1985 maintained in
force by section 6(6).
16. Section 6 (3) and see sections I 1
(penalties) and 12 (procedures).
17. Section 6(4).
18. Article 7 of S.I. No. 226.
19. Article 26.
20. Section 52 of the Health Act. 1970. See In
re Mclnerneyi 1976-77) ILRM 229.
21. In re Mclnemey (1976-77) ILRM 229.
22. S.I. No. 224 of 1993.
23. Sec Cooke v. Walsh (1984) IR 710.
24. S.I. No. 227 of 1993.
25. Article 4.
26. Section 7, my emphasis.
27. Article 6.
28. Section 1 of the Act.
29. First Schedule.
30. Article 8 and the Second Schedule.
3 1. Article 9 and the Third Schedule.
32. Article 10 and the Fourth Schedule.
33. Article 19. D
B l a c k b a l l P l a c e P r i ze B o n d S c h e me
The following are the winners of the
annual prize bond draw, which was
conducted at the Annual General
Meeting of the Law Society on
14 November 1993.
Hugh O'Donnell,
Rory O'Donnell & Co.,
£2,000
John C. & Robert Kiernan,
Solicitors,
£1,000
S. Peter Polden,
A&L Goodbody,
£1,000
Brian Hoey,
Brendan V. Hoey & Co.,
£250
Jim Dennison,
Solicitor,
£500
Sean Casey,
John Casey & Company,
£500
Anne P.M. Daly,
George F. Daly & Co.,
£250
Mr. Liam MacHale,
MacHales, Solicitors,
£250
Patrick McMorrow,
Alfred McMorow & Son,
£500
Garry Lombard,
Lombard & Cullen,
£250
Robert M. Flynn,
Dunlea Flynn & English,
£250
Barry Donnelly,
H.G. Donnelly & Son,
£250
Michael Foy,
Smith Foy & Partners,
£500
John G. Bolger,
Bolger While Egan & Flanagan,
£500
Patricia Heffernan,
Rory O'Donnell & Company,
£250
n
C o mm e r c i a l S o l i c i t or
required with own workload
- client base to join existing firm
adjacent to the Four Courts.
Contact Box No. 123
ACKNTS - KNCLANI) AND
WALKS
We are willing to act as agents for Irish
Solicitors in civil and criminal litigation.
Contact: Olliers, Solicitors, 2/3 The Birtles,
Wythenshawe Civil Centre, Manchester,
M22 5RF. Telephone: -
Facsimile. .
18